When you buy a cemetery plot you have the exclusive right to be buried in that plot of land—also known as a right of sepulture (burial or interment).

Laws and definitions of terms vary from state to state but your rights are generally governed by the contract or agreement you sign when you buy the plot; by state laws (statutes) regarding cemeteries and plots; by corporate bylaws for the cemetery corporation that owns and manages the cemetery; by any restrictions in the real property deed (quitclaim deed) used to convey the plot to you; and if you are married when you purchase the plot, by state laws governing marital or community property rights.

Because the right of sepulture is effectively a sale of the land where the plot is located a quitclaim deed or other real property deed may be used to convey or transfer ownership of a plot from the cemetery corporation or a plot owner to a new plot owner.

These laws and agreements may also limit your right to transfer by will ownership of any part of your plot and the right to be buried in the plot (if it is a double plot, for example).

In Arkansas, when you purchase a cemetery plot, you are granted the exclusive right of sepulture, meaning you have the right to be buried in that specific plot of land. This right is typically governed by a combination of the purchase contract, state statutes, corporate bylaws of the cemetery, the real property deed, and, if applicable, state marital property laws. Arkansas Code Title 20, Chapter 17, specifically deals with cemeteries and burial grounds, outlining the regulations for the management of cemeteries and the rights of plot owners. The transfer of ownership of a cemetery plot is often executed through a quitclaim deed or similar legal instrument. However, Arkansas law and the agreements made at the time of purchase may place restrictions on the transfer of the plot, including limitations on transferring ownership through a will or the right to be buried in the plot if it is intended for multiple burials. It is important for plot purchasers to review all governing documents and understand their rights and any restrictions before and after purchasing a cemetery plot.